an to negotiate, he did not allow his
Ministers to enter upon any discussion of principles, nor to ask
for any express sanction of the _status quo_. On the other hand
he did not prescribe to the Church of Rome the canonical form in
which an express or tacit acknowledgment of the claims and rights
of the Crown was to be made as to the secularisation of Church
property. The Netherlands went on a different plan, and framed a
constitution of the Roman Catholic Church in their dominions,
called a Pragmatic Sanction, which they wanted the Pope to
acknowledge. The Hanoverian Government also wished to conclude a
formal treaty, and oblige the Pope to sanction certain civil
regulations concerning Church government. He observes that the
Court of Rome will appear ignorant of, and thus tacitly
acknowledge, many things which it never will nor can expressly
sanction and approve.
Throughout Germany, both Catholic and Protestant, all
correspondence between the clergy and the Pope goes through the
Government by the law of the country--all matters public and
private--the Pope's bulls and briefs are returned in the same
way; and whenever any of these contain expressions which run
against the national laws, the _placet regium_ is only given with
clauses reserving the rights of the Crown, and annulling what is
irreconcilable with the civil law. The Court of Rome is quite
aware of this practice, and the legations of Bavaria and Austria,
as well as those of Prussia and Hanover, present the respective
petitions of their clergy through their Roman agents. Bunsen says
nothing can be practically more established, but that no
consideration would induce the Pope formally to sanction the
practice in a treaty.
In the arrangements respecting the appointment of bishops and
dignitaries, Prussia proposed the establishment of chapters, with
the same right of election which had existed before the French
Revolution. The smaller States of Germany followed a similar
plan. Hanover proposed and obtained a veto. The chapter presents
a list; the Government strikes out any name, but must leave two,
out of which the chapter may elect, but in case of irregularity
or inconvenience the chapter may make a second list. The
Netherlands have the same system of limited veto and second list,
and the confidential brief in addition.[10] The chapters have the
right of election, the Pope of confirmation, by canonical
institution as the necessary condition of the bishop's
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